2013 Wisconsin Statutes & Annotations
291. Hazardous waste management.
291.21 Generation.
291.21 Generation. Any person generating solid waste shall determine if the solid waste is a hazardous waste. Any person generating hazardous waste shall:
(1) Be responsible for testing programs needed to determine whether any material generated by them is a hazardous waste for purposes of this chapter.
(2) Keep records that accurately identify:
(a) The quantities of hazardous waste generated;
(b) The hazardous constituents of hazardous wastes which are significant because of quantity or potential harmfulness to human health or the environment; and
(c) The disposition of hazardous wastes.
(3) Label any container used for the storage, transport or disposal of hazardous waste to accurately identify its contents and associated hazards.
(4) Use appropriate containers for hazardous waste.
(5) Furnish information on the general chemical composition of hazardous waste to persons transporting, treating, storing or disposing of hazardous wastes, and on any precautions recommended to ensure safe handling of hazardous waste.
(6) Comply with rules relating to use of a manifest system.
(7) Submit all reports required under this chapter and rules promulgated under this chapter.
(8) Comply with rules relating to notification under s. 291.05 (1), (2) and (4).
(9) Arrange that all wastes generated by them are transported, treated, stored or disposed of at facilities holding a license issued under this chapter or issued under the resource conservation and recovery act.
History: 1977 c. 377; 1981 c. 374 ss. 96, 150; 1987 a. 384; 1995 a. 227 s. 674; Stats. 1995 s. 291.21.
Corporate officers responsible for the overall operation of a facility are personally liable for violations. State v. Rollfink, 162 Wis. 2d 121, 469 N.W.2d 398 (1991).
The deterioration of useful materials into waste is a process that results in the generation of waste under s. 144.61 (4) [now s. 291.01 (5)]; the yard at which waste is stored and a hole dug to bury waste are facilities under s. 144.61 (5m) [now s. 291.01 (8)]. State v. Edward Kraemer & Sons. Inc. 170 Wis. 2d 646, 489 N.W.2d 708 (Ct. App. 1992).
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